The Sun. — London, England, 1818-08-15 00:00:00

ID CORK, AunusT 8. (0 the Right Honourable ROBERT PEEL. n r C O ' ',;7 l /c, tilts High Sheriff and Grand Jury of the County "t assemided at Summer Assizes, One Thousand t tur llundr ed and Eighteen, cannot (at the eve of your4lepar . uj,.froal Ireland) omit the opportunity of expressing thus kiiii ;Y our sense of the firmness, the candour, and the j ." ( ling integ,ritY o f y our con d uct in office. (iis : . til a"F; the many qualifications by which you have been : guis hed as a Minister, none has more excited our ad -44)1 to than th at rare talent, which has compelled the ap -6" of ail classes of the community, h owever diff er i ng sentiments. till c onsid er what is past as the first period of your poli_ " ev dqd ( '` lr 'er, We anticipate from it a high and spl e ndid seque l, console ourselves under the loss of your presence and bY the assurance that your political advancement ;: 4 " 11 we look forward to with confidence) will git:e in ,o''''(l forc e t o your defence and support of the Laws and pasttituti", and th at w h en in a more elevated sit nation, t yin c arry with you a kind and considerate recollection of inter "'I of t h e Empire, and still continue to advance the ti e ' t s, to d e f end the rights, and to uphold tht. character P e° Pie t with the same zealous, ellicient, and (we may th e t national f ee li ng, w hi ch so j ustly entitles you to assurance of our respect, our esteem, and our gratitude. We have the honour to remain, Your obedient, humble servants,. .TEMMETI' BROWNE, High Sheriff. RICHARD HARE, Foreman. Belfast, August 4, I 818. e~rkthe • gh Sheriff and Grand Jury of the County of . vo din i nigh f or the highest reward which can be he ti:: " li P n u roe —the a pp ro b at i on o f men di st i ngu i she d for If.Pri"Peetability, intelligence, and independence.trt 41 " 1.4.1 / had the go o d f or t une to di sc h arge the duties of s...a t , 4) t•lt office with sa ti s f act i on to t h e commun i ty at large , f lb." 4n if I n ow reli nqu i s h i t • possessed of the good opinion hose Y O v4l O differ from me in political s e ntim en t s , it i s he lp bar e acted ste:idily on principles which I believed te tt )e ri ght ones —and becaus e I h ave disregarded that 1 13, 'IP and worthles s popu l ar i ty wh i ch is easily acquired 4;.4 4equieseence in the predominant opinion of the ht Yahil* o irw Ity contribute to the w e lf ar e o f thi s C oun t r y rti m i s t :l I fear un d er circumstances) will hestill io v r .e e r cir a - s 4 NT,,, ed y M return to private life. I will, however, to th --tr of the Legislat ure , p ay an unremitting attention vvs e. concer ns of Ireland—and I w i ll make one pledge with it • P'tt lt u st, t° ITV fu ture conduct, With th e f or f e it ure o f which, Dtin c r sha ll nev er b e up b ra ided—that I will abandon no eize kvi ip.e °ll witich I h ave hi t h erto acte d w i t h out a sincere itint:eti°ll of its error —and will never make my political opi ih rirate interests . . action, subservient to , the 14i:1:notion of my int erests • • ti ROBERT PEEL. • 1- 'l'ol Sheriff of the County of Cork, &c. &c. &c. 21e ratt n , Se g is the Right Iron. ROSIMT PEEL'S Answer to Attdrews of the clergy of the Diocese of ,: S y 4 • e tle f"r t°r eship, and to the Clergy in general of the Din. at a lso, .I+"r' lam desirous of returning, though in terms triml4-''teil to express my feelings; toy thanks for the kind 11I4 l et1 „ ° , ') th r'r have conferred upOn toe, by recording their ica~t-,l"s aPpeuhatiota o f my public conduct. !t444ti'l,,lNsr, safety assure them, that they shall never h av e p i 7 ti Pbraid me for an interested abandonment o f the ' the ,a iPi es on whi c h I h are hith er t o ac t e d ; nor can I Nc't th e , e P r obabili ty, t h at conv i ct i on w i ll i nduce me to re ,..4l4csti„t, :44" i ons I have d e liv ere d in Pa r li amen t on thole 4 Let it i w "1 the consideration of which the interests of the j4lPlll.C:horeli are involved. • • . 4 e the honour to lee, klriti: great esteem, Your most faithful and obedient Servant, ROBERT PEEL. •-NivEutsiTv INTELLIGENCE. :1;4t1r(11'`1",, ALTG. 14 =1 he Rev. Thomas Hall- A• f Worcester. College, in 4 • e • Lord Onslow, 43 . b ~napiatro to of stantun in t he Ive:.11", Presented to the Rectory 1 .4 / 1 „ "s, Notts. :71eit ;:"rtEn.--The Rev. Owen Davis to the il%ge t hitnberston, in Lincolnshire, vacant ',rre(if 'Bignation Of the Rev. S. Knight, pre rhr.l%4 t he Vicarage of Halifax —The Rev. ' F ew' N i "ils to the Rectory of Barnwell St. An- Tle-.°lhatnptonshire. le Lord Chancellor has presented the Rev. op V S ill :Mickleton, Glotict-stershire, to th le4 r 4 ge an ris Chore) of Tewkesbury, e resignation of the Rev, Robert Knight. . CRUELTY' TO A II" ~p tS E• _ - • n 'tl. SuFFOLK SESSIONS. Il t t i,t'. firSt trial which occupied th at of 4404'llkirt, a t the late Suffolk Sessions, w" h•li was the attention of Irttr)7le"rd, a butcher, against whom a trite . 1 4,, on th t . 6 `' 'i tile last Summer Sessions, for liavin_ var. i li 'iti 14 of July 1817, made an unlawful ear 44y1,1"1e James- 'Cla'idinc, that be Would ride . - qia:t.'"re Iront his r0W..1) horse to the Bo"' Wh•lites, la .1" (1 ' 1 ,' tind back•aKain, a distance of 135 of ltl our e tvitti,,."'".s. It may be in the recollection i tktrt 3 that the P ou r animal, It Itl tt (l . .ti • within a it.i Worn out •of Ips z violent tel l ' it. on its return, I t ‘l , ;'it i hS Proved in evidence, on behalf of Beard, :nisp:: I,t't not made use of excessive Whipp in g a, '1414t ',..""ig 10 urge the animal to proceed. Seve ral ~-'es gave hin i an excellent character for l . Tii.-T,'"(l general good conduct. RECORDER, t 14411 1 t . 4 "1 y 101111(1 hi 1 Guilty, and the "sing s „ t " t" ''''llel 'net', deprecated in a feeling '"at' " I lge so often inflicted on the brute In ton n , animal the manner ii'lr b .l%, :. ore especially that noble contrition o'i,."t %Hid, it) co nsideration of the . ,'4l, „ d,ll tvinced i t 1 Litely after the traasac 1111,c 'int! the tetittion.iletti` hi s general good con -I)if -it:ll,"lll,..oulynaidjuiolge hint to pay the e s w tt a n s . ) se.' "gt.l -e I‘llig, whicl l having dune, ) NV,, i t • ti,;t I-I""tia ---; 1 Town,or ,:stliers Yi.se noight, at 12 o'clock, t le wit,i:Ennis iivteyititent of 'Militia was rev . i i e n ‘ t l'e n d o o t i . ) ti a„ ;ow:11_161. Auhiros Bay, Jersey, 0:1 4it'it‘'ktivl K the ' 1,4)it,11" a llrifi r l i i i l l t ,ellse we nt heat, et le4 , 11, ,, , . . 5 s to the entire satisfactiontnr!,,litheoirf 4`Uor-C i caerial GORDON, It s C V it CBSei Est 111°6 urine' s by sir o` by, Sic eron" - v oile _ 11 11 TO. ,';S• • I' it e t 0, N. • A... 1 •-• 1 1../ /.2 EXEMITION OF CHENNEL AND CHALCRAFT, FOR THE MURDER OF MR. CHENNEL AND MRS. WIL SON, HIS HOUSEKEEPER. George Chennel, aged 38, and Wm. Chat raf/, aged 50 years, who were found guilty on ‘Vednes day last, of the murder of Mr. George Chennel (the father of the former, and the master of the latter), and of Mary Wilson, his housekeeper, were executed yesterday morning, pursuant to their sentences, at a quarter past eleven o'clock, upon a temporary gallows erected in Godalming Meadows. The culprits, since their conviction, have evinced the greatest apathy. They were con ducted to Guildford Gaoi on the night they were convicted, and were placed in the condemned cells, and double ironed. Two Clergymen visited them on the same night, and prayed with them for a considerable time. Chennel remained dur ing the whole time in a torpid state, and wished to avoid conversing with any one, especially up on the subject of the inurders. Before the Clergy men (the Rev. Mr. West, of Stoke, and the Rev. Mr. Coles) left him, they admonished him to pre pare, by a true repentance, for a future state— they entreated him to confess his sins, and pray for pardon. During Wednesday night Chennel slept sevtn hours, and seemed very much composed. Clod craft was feverish and uneasy, but slept sound for several hours. On Thursday the Rev. Mr. Mann, the Ordinary of liorsemonger•lane Gaol, and Chaplain of St. Saviour'., Sonthwark; came down to visit the prisoners, and to attend them in their dying moments. He visited them immediately, and remained on Thursday night with them a con siderable time, entreating them, as the only repa ration they could make to society, to relieve the minds of the people, by acknowledging their guilt of the murders for which they were so soon to suffer, mid also their guilt of the other murders, at Peters field, Farnham, and Reading, of which they were so strongly suspected. The culpri.s declared, in the most positive terms (particularly Chalcratt), that they were " innocent as the child unborn of the murders of Mr. Chennel and Mary Wilson." On Thtirsday evening Mrs. Chennel, the wile of George Chennel, visited him with her child, a fine lad about six years of age. The moment Chennel saw them ite burst into tears, and embraced her most affectionately. They were left together in the cell fur about 20 minutes, .and when they parted, his wife was in a dreadful state of anguish ; he did not, seem to feel so much as when they met. He persisted to his wife that he was innocent of the crime for which he was doomed to die. lit a short rime atterwards a more afflicting scene took place ; Chaleraft's wife and six children presented themselves at the gaol door to take " a last living leave" of the husband and father. The interview was overpowering to the spectators ; such real distress and misery cannot be depicted ; it is im possible to be truly described. The agonizing shrieks of the mother, the heavy groans of the father, and the cries of the children, would have pierced a marble hei“t. Mrs. Chalcraft used the following emphatic words when she was sufficiently recovered as to be able to speak :—" Oh ! my dear Will, tell'ine the truth ; as a man, who stands before God, and is goings to die. if you are guilty of the murder; pr a y, for God's sake, don't hide any thing, and . have the weight of Iznik upon your conscience when you are dying." Chalcratt replied, "My (tear, 1 ant innocent of the murder, or I would confess it." Mrs Chalcraft stated to him, " that she had been upbraided by her neighbours with washing the bloody clothes, and you know, and God above knows, ihat I never did." Ch4!craft answered, " They are cr'►el to you, I never did the murder, or had auy band in it, and you never saw any bloody clothes." Chalcratt then admitted, that he was at old Mr. Chenners on the night preceding the'discovery of the murder, from a quarter past eight to a quar ter past nine ; but he still persisted that he had no knowledge of the murder. Mrs. Chalcraft was about to leave the cell, when she presented the babe sue held in her hand to Chalcraft to kiss ; she then exclaimed, " Oh, God ! to-morrow this child is just 12 months old. and your father then is to die. I hope God will be a father to my children." They then embraced, and were separated by the gaolers. Chennel asked the Rev. Mr. Mann, when he left him on Thursday night, to be kind enough to visit him as early as he could on the following morn ing. The Rev. Gentleman was with the criminals yesterday morning as early as 6 o'clock. Eleven was appointed for the time they were to suffer. Mr. Munn continued praying and reading hymns to them until half -past eight ;—they still persisted that they were not guilty of the crime for which they were about to (lie. Mr. Mann hesitated for a considerable time before he would administer the ‘Sacratuent of the Lord's Supper to them. Atter some time spent in protestations of their innocence, the worthy Divine cautioned them, in the must feeling and religious language, not to take sin to their souls by partaking of so divine an ordinance with a lie in their months. They continued to declare their innocence after the Sacrament was administered, they were bound by ropes in the usual manner, and at about half past nine they were led to the prison door, and placed in a waggon, upon which was erected a platform, which they were to be launched from under the gallows. The following is the form of the proce,sion from Guildford to Godalmiug, a distance of about four miles. Waggon and platform, in which were the crimi• nals sitting with their faces towards the horses at the front of the waggon. The Rev. Mr. Mann sat between them, reading prayers and hymns. The executioner sat facing them, with a drawn sword in his hand. The Rev. Mr. West, of Stoke, sat on the right hand of the executioner, occa sinally administering consolation to the criminals. When the procession began to move ('.kennel once changed colour, but he soon became com posed and did not hove a muscle during the re mainder of the way ; be was totally unaffected by the surrounding multitude; he seemed as insen sible as a block of wood, and kePt his eyes fixed upon the platform all the time, until the tiloment 'at; arrive(' unuer tub gailOws (except bnce, when he answered aqttestion of Mr: Mann's), and he cast his eyes -tip at it and sighel. Chalcraf't; during'the'vrhOle of the time, 'responded tollte prayers of the Clergyman, and seethed sensibly affected with his awful situation. The proces sion arrived on the fatal soot about II o'clock ; the place is surrounded by hills, and thousands had assembled at the place of exeention. Ott the left hand nt the criminals was the farm lately oc cupied by young Chennel. When the platform was placed under the gal lows, the executioner asked Chennel to mount upon it—he sprung nityith•RllUprising vigour and boldness, and stood erect and firm, without betray log the most remote symptom of fear (hiring ti e time the executioner tied the rope round his neck. D , ring that time a Gentleman,'for whom Chml craft had worked, was in deep conversation iyith him ; Chalcraft had promised hi m (hi s own wor d s ) ` 6 to tell him the whole pedigree of the affair when he came to the place of execution." The Gentleman entreated hint to fdfil his promise ; Chalcraft trembled very lunch, bot recovering himself, he again protested his innocence of the murder. When the procession was on the road, Mr. Mann earnestly intreated Chennel to make a con fession ; and told loin that lie had no right to expect mercy unless lie acknowledged his crimes, it it was only for the purpose of preventing inno cent persons from suffering for the crimes which they had committed. Mr. Mann then put the unestinfl (which we above allude to) direct to Chennel in the most solemn manner, " Did you, Or did you not, commit the murder, or assist at all in it ?"—Chennel lifted up his eyes, and said, in reply, " I never had any concern in the murder " Chalcraft turned his head round, and Finking at him very expressively answered, " You did, George, you know you did." kiihenChaleraft was desired toaseend the scaffold, he trembled very much, and looked anxiouslyround. Is was thought lie would have made a confession, hut he only shook hands with a Gentleman, and again repeated his asseveration of innocence. He then mounted the scaffold, and the rope being adjusted round his neck, the Rev. Mr. Mann ascended also, and held a conversation with them; he said that they were now on the very verge of the grave, but it was not too late to make a hill confession ; and he entreated them, if they, as dying men, had any regard for their souls, not to die denying the truth. Chennel replied, " What I have asserted is the truth." These were his last words.—Chalcraft was deeply engaged in prayer, and made no answer. Mr. Mann then prayed with them, and having left the fatal appa ratus, they were launched into eternity. Chennel was a' great deal convulsed ; Chaleraft died al most instantly. After hanging an hour, they were cut down, and their bodies were given to Mr. Parsons, surgeon, at Godalming, for dissection. Another account says—" After hanging an hour, the halters were loosened at the top, and the bodies lowered down into the vehicle which had brought them from Guildford. The hats of the dead men were placed on their heads ; Chal craft's frock was ripped up and stripped off, and . the bodies, tied together, were taken into Godal ming, and dravn up the street before the house in which the murders had been perpetrated. A vast crowd followed the caravan, which was surround ed by constables on horseback. It stopped before the residence of the late Mr. Chentiel, which is a small house, one story high, and but two or three doors beyond the George and the Dragon. Here, after - a pause of stone moments, the bodies were taken from the vehicle, and carried into the house. The doors were then closed, and guarded by constables ; the caravan passed on, and the crowd began to disperse. The bowels of the suf ferers were to be taken out yesterday afternoon, and it was expected the bodies would then be exposed to the populace." CHARACTRR Or CHENNEL AND CIIALCIIAPT PREVIOUS TO THR COMMIs. , IoN oP THE MURDERS. Chentiel bore a very good character in early life. Among his playfellows, when a school boy, he was remarked for a quiet and even gentle disposition. As he advanced in life, until some time after his 111:irriage, he was of a pat - simuniims disposition, and it was remarked he the companions whom he occasionally met at places of public amusement, that he was a person li!irly to succeed in life. About nine years back he became acquainted with the daughter of a respectable farmer, residing at Chillingfoid. Their intimacy commenced whilst she was on a visit at Godahning, and a matrimonial connexion was the consequence. She received 10001. portion from her father, and Chennei a sum to the sante amount, with which he commenced business as a farmer. It was re marked soon after, that he got, by degrees, into habits of extravagance. He became fond of society at home, while circumstances afforded him the means o.' entertaining them, and when those failed, he began to frequent imblie-how,es, to neglect his fainie, and to addict himself to the sociery of the lowest class of females. The consequence was, that from a character of temperance and parsimony, he acquired that of dissipation and extravagance, and conducted hitnsclf in such a manner as to induce a suspicion of other crimes . pre vious to the perpetration of that for which he suffered. He was never of a quarrelsome disposition ; on the contrary, though his appearance at the Bar, and during the whole time of his confinement, was intrepid, or even . careress to a degree that seemed to border upon insensibility, he was always averse to fighting, and was never known to display feelings of hostility among his acquaintance. Chennel's mother having (lied while he was an infant, Mrs. Wilson, the housekeeper, was taken into the service of his fa ther about thirty years back, and remained there until the time of ,her death. Her conduct to young Chennel, both in early life and after he grew up to manhood, is said to have been most affectionate. Her behaviour to him was marked rather by the tender and endearing cares of a mother than the hired attentions of a servant so that this horrid deed, on the part of Chennel, might be consaletedas the murder, nut of one, but of both parents. Chalcraft, in the neighbourhood where he resided, does not appear to have borne a good character. He was fond of fre quenting public-houses, and was neither a good husband nor father. He allowed his wife, for a long time back, tube a burthen upon the parish, giving her only a small part of his earnings. He and Chennel were constant companions. They for a lung time drank and conversed upon a footing of equa lity, though they partly stood in the relation of master and servant. Some apprehensions are still entertained in the towa of Godalming that they were not the only persons concerned in this horrid murder. There is one in particular, who when conversed with upon the subject, was always ex tremely cautions, and threw out many insinuations which would lead one naturally to conclude, that, if nut actually concerned, he was at least no stranger to the transaction.— He has been often heard to say, that if George Chennel dare attempt to say any thing to him, be could make him tremble in his shoes. These, and other such expressions, have ren dered him an object of suspicion, but, perhaps, without suf ficient foundation. The day after Chennel arrest, that was the day upon which the murder was discovered, he sat at the Little George, next door to his father's house, among the officers who had him in custody. He smoked his pipe and drank porter, with as much apparent indifference as if nothing- extraordinary bad occurred. This was remarked to him by some person present, and surprise expressed that he should act so while his father lay murdered in the next house. Chennel replied, what is it to me ; I did not do it. One of the officers, MO had been formerly a schtmd-fellow of his, demanded a hn:fe *hie!) he A istrOlpearried- itt his-pocket,- stiopett.itigt-thl+-44rjekttay s. been employed in the minder. Chenne! complied wi►h some reluctance, and iftitling that the' knitV would not he return ed, said two or three time:: to the (Aker that he would titark him for it. It will be a pleasure to the Public td team, that both these hardened criminals, though they made no confession of their crime, frequel4ly declared in prison, thatlhry had a merciful Judge, and a good Jury, and that if they bad been in We box themselves they could not. have acted otherwise than to bring in a verdict of tinilty. it is rather curious, that Chalcrafti upon three differentoc said to (Alcune!, " Now, Ge;,rge, you can clear me if you pleae." This languag e l i e !old when he • was first taken into custody, when he was conteved to prison; and also apuu leaving the dock on Wednesday last. CORONER'S INQUEST. INHUMANITY OF A MOTH F.lt BY STARViNb HER CHILD, On Monday last, Elizabeth Bash= was brought to Worship-street Office, to answer to the coine plaints of several of her neighbours, who Ac cused her of having starved her infant, only nine week old, to such a degree, that the poOr child was a mere skeleton. The prisoner declared the child was born in wedlock, but that being poor, she thought to bring him up with a spoon, so as to enable her to follow something to maintain herself; The Magistrate ordered the child to be sent to the wotk-house, and pro petly taken care of. The mother was coin• mitted till his fate was known. He died on Wed nesday tnorning, at six O'clock. Yesterday, about one o'clock, a Jury was impanelled, in Fort street, Spitalfields, to investigate the cause of the child's death. Mr. William Boman, surgeon, No. 1, Sreward-street, deposed, that on last Tuesday morning, he was called to examine the child, and found him in a dying state, so much so, that he deemed it unnecessary to order any tpedi= cines, but directed proper food to he given to him. lie called again about two t4'ooCk in the day, at the house of (11 , , - nurse, and found the child still worse ; it had a complaint in the bowels, but he could not say what f , ccasioned it; he called to see it again at nine o'clock in the evening, and found the child fast approaching to its dissolution. The only opinion he could form was, that the child died for want of food. Mrs Ann Marrow, of N 0.2, Fort -street, stated, that the mother of the deceased child came w lodge at her house about five weeks ago. She had seen the child, which appeared to be about nine weeks old, repeatedly, and frequently heard hint crying. He appeared in the most wretched condition, and extremely she conceived it wanted food. Hester Greenmore, servant to the deceased child's mother, said she was employed to nurse the child. The mother gave her bread and water to feed the poor child, 1e ho then appeared in a very emaciated state. She instructed her not to give hint any td►ing else, and only a small boat lull of that twice a day. On-one or two occasions, when the child cried, she gave him some food; contrary to orders, and the mother theta scolded her, saying she was overloading the child's stomach. She said she had dried her milk, and was in the habit of feeding the child always with only bread and water in that quantity Witness told her that was not proper food--that she should give him bread and milk, or thick, milk, else he would not live. The Coroner said it would be necessary to have the body opened, in order to ascertain whether any internal complaint was the cause of death. The Jury expressed some disapprobation at be ing again called upon, but the Coronta said it was a case that could not be pissed over in a hurry. The bluest was adjourned till the surgeon Ayoub! be able to send in his report, and the July :vete bound over to attend. At S t,',loCk, yesterday evening, the Jury met again. The Surgeon had opened the body of the child, agreeably to the • wish of the Coroner and Jury. He reported that he found some disease upon the stomach, but not sufficient to cause death. Elizabeth Vood, 'fink -street, Bethnal-green, was pr,.sent at the birth of the child; it was a healthy child when it was born, but in three weeks it began to decline. The mother suckled it three weeks, and appeared fond of it. The Jury deliberated a short time, and returned their verdict—Died a natural death. ANO cH ER INQ[JLST. On Thursday night there wa3 an Ill:rest held at the Shepherd ►anti Shepherdess, City-road, on the body of Catherine Nash, aged 36, the wife of henry Nash, dealer in spice. whose death was occasioued by a blow from her husband, who is in custody. Eliza flash, a girl about ten years old, stated, - that she is the daughter of Henry Nash. Oa Monday last they were all out on a visit, and did not return until about twelve o'clock at night . , when they bad supper, and went to bed. The deceased got up to beat witness, and her (►vit ness's) father got up to prevent her being struck ; he got between them,. and either by a blow or push, he pitched the deceased down ; she fell against the bedstead, and was very much hurt ; she died on Wednesday morning. A Surgeon, who examined the body of the de ceased, proved that her death was occasioned by a tracture on the skull. Verdict, Manslaughter against the husband. Bow-STREET.--Yesterday being the day ap pointed for the examination of Lord Ranela,t'h and his five/ servants, some interest was excited in a number of persons to hear the inyestigation, the charge being of an extraordinary nature, against a Nobie Peer and 5 of bis servants, acting under his direct ion,arrned with a double-barrelled gun,a pitch fork, and Indian clubs, for assau!ting, detaining for halt an hour, and obtaining is. for the release of Mr, Wallace Hall, a Gentleman in the Law, Mr. Le Gall, and two other Gentlemen, at the time they had taken shelter from a violent storm a short time since, under a tree at the back of Lord Rape lagh's grounds at Fulham. After waiting till two o'clock, his Lordship not appearing, the Gentle men left the Office, stating that they should in dict his Lordship for the assan►t and obtaining be seven shillings, at the ensuing Middl-sex Ses sions ; and as to the false imprisonment, they should proceed by action.